Advocacy Virginia Garcia's Commitment

A Public Charge is an individual who is likely to become “primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance, or institutionalization for long-term care at government expense.

When an individual applies for Lawful Permanent Residency status (aka a “Green Card”), the US Customs and Immigration Service (USCIS) evaluates whether he or she has used – or is likely to use –  certain public benefits that could make them a public charge.  If so, this is a “heavily weighted negative factor” against the applicant’s request.  In this proposed regulation, the Administration is proposing to significantly expand the list of programs that USCIS must consider when determining if an immigrant is a public charge.

Non-emergency Medicaid (with limited exceptions), Supplemental Nutrition Assistance Program (SNAP), Housing support (e.g., Section 8 vouchers, public housing), Medicare Part D subsidies. As of yet, the Administration has not yet decided whether to add CHIP to this list.

If finalized, the regulation would chill access to critical programs that help immigrants and their families access health care, food, and other essentials. These programs have improved participants’ health, wellbeing, school success, and economic security. The proposal would make—and has already made—immigrant families afraid to seek programs that support basic needs. One in four children have at least one immigrant parent. This issue touches millions, making it critical now and for our nation’s future. How you live your life and contribute to your community should define you in this country, not how you look or how much money you have. New immigrants who work hard to make life better for themselves and for those who come here bring new ideas and new energy to our nation. It is important to note that some groups of immigrants—such as refugees, asylees, group are not subject to public charge determinations, and charge is also not a consideration when lawful permanent residents (green card holders) apply to become U.S. citizens.

The proposed rule was  officially published in the Federal Register and the public was able to submit comments for 60 days. After reviewing all public comments and making any changes it deems appropriate, the Administration will issue a Final Rule, which will go into effect 60 days after being published.  In the meantime, and until a final rule is in effect, federal officials will continue to apply the current public charge policy.